An analysis of legal fictions

It is called an “off-calendar certificate of readiness” the document is filed regularly by the prosecution in a criminal case and purports to indicate that the prosecutor is “ready for trial” but no trial will take place on that day that is what the “off-calendar” designation signals the prosecution waits for a day. Fiction” but it was not always so,1 and the literature on legal fictions is replete with claims that legal fictions are often necessary to effectuate the goals of a legal system2 such defenses of legal fictions are increasingly rare more in the realm of psychology and politics than in technical legal analysis and as a matter of. Her analysis gains particular rhetorical force in her discussions of how hardy's work drew attention to women's legal rights ferguson's text further adds to the corpus of recent scholarship situating hardy's fiction in conversation with other discourses of the era, such as tony fincham's study of hardy and medicine, hardy the. Legal fictions peculiarities of english-style foxhunting and its history he dismisses the roman and civil law rules governing ferae naturae because they do not fit the role of the fox as a thing to be chased rather than a thing to be captured or consumed his own analysis, however, reflects the paradox of foxhunting. And conceptualize, taking legal fiction as a reliable source of examples close enough to “real” life in legal discourse, the debate is centred around the status of emotions in opposition to logic and reason, while it is commonly held in ( cognitive) psychology that emotions can be successfully applied as a tool of interpretation. Legal fiction, a rule assuming as true something that is clearly false a fiction is often used to get around the provisions of constitutions and legal codes that legislators are hesitant to change or to encumber with specific limitations thus, when a legislature has no legal power to sit beyond a certain midnight. Legal fiction and forfeiture: an historical analysis of the civil asset forfeiture reform act todd barnet introduction in the palmyra, in 1827, the united states supreme court endorsed the judicially-created in rem personification fiction of the guilty object' writing for the court, justice joseph story held. This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (eg in tort law, criminal law and intellectual.

an analysis of legal fictions Substituted judgment tions7 pound was the most expansive of all, including in his definition of legal fiction interpretation, equity, and natural law8 there was no agreed-upon definition there are several responses to definitional quicksand one is to refuse to build at all, but then nothing interesting goes into the air another.

The paper also provides an analysis of recent intellectual property case law, in an attempt to establish whether a more unified approach to the issue of director liability for intellectual property infringements by companies is beginning to emerge moreover, it is hoped that this paper may provide a starting point from which. The complexity is caused by the question of whose rights are being protected ( the state's or the individual's) and the nature of the various elements of the law on diplomatic protection these questions should not, however, lead to a rejection of the fiction to the contrary, a careful analysis of legal fictions in general and the. The fiction5, and law functioning is impossible and un imaginable without it we shall try to answer these and similar questions while using the methods of deduction and document analysis and we'll study how the legal fiction influences the criminal proceedings at the same time we'll try to verify the hypothesis, stating that. Ism of critical legal studies1 (another county heard from) this seemed a little strange, to say the least why should a practising civil rights lawyer be concerned with a fancy theory full of allusions to integ- rity, interpretation, and chain novels are judicial confirmation hearings going to be turned into seminars on literary.

An analysis of how other legal fictions functioned within colonial contexts a narrative about what happened to mostyn after the case involving him was resolved further geographical information about the island of minorca the ways in which imperial power was administered in the london capital [reveal]. Legal fictions studies of law and narrative in the discursive worlds of ancient jewish sectarians and sages series: supplements to the journal for the study of judaism deuteronomy and polity in the early history of jewish interpretation rabbinic midrash and ancient jewish biblical interpretation. 29 fan fiction, taking familiar characters into new and often startling situations, starkly demonstrates that authors cannot control the interpretation of their works once others encounter them3° fans' sense of partial ownership, shared between themselves and the original creators, comports with intellectual property law.

1 anderson dic of law the definition given in an article in the 7 harv l rev, p 262, is plain-spoken, a legal fiction is a device which attempts to conceal the fact that a judicial decision is not in harmony with the existing law the only use and purpose, upon the last analysis, of any legal fiction is to nominally conceal this. Burwell as a lens to analyze the chevron doctrine and the step zero exceptions to it, as well as the extensive legal fictions that form the basis for chevron and chevron step zero this article argues that even though the court reached the same re- sult in king v burwell that it would have employing deference to treasury.

The complexity is caused by the question of whose rights are being protected ( the state's or the individual's) and the nature of the various elements of the law on diplomatic protection these questions should not, however, lead to a rejection of the fiction to the contrary, a careful analysis of legal fictions in. In legal fictions, karla fc holloway both argues that us racial identity is the creation of us law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery exploring the resonance between us literature and us jurisprudence, holloway reveals toni. A legal fiction is a fact assumed or created by courts which is then used in order to help reach a decision or to apply a legal rule the concept is used almost exclusively in common law jurisdictions, and particularly in england a classic example of a legal fiction is that the english courts (which have no legislative power, but. I must admit that as we prepare for the intensive course in law and the humanities i find myself struggling with the concept of 'legal fiction' ll fuller describes legal fiction as a statement which is made with a consciousness of its falsity or a false statement recognised as having utility a more basic definition.

An analysis of legal fictions

Legal fictions and monetary relations thus, the scope of the state's power to regulate private activities and transactions in world markets is elastic it is mediated by processes of interpretation of abstract legal concepts, or fictions: nationality, citizenship, legal personality, residence limits are placed on the potentially broad. Notion of a legal fiction should seem an anathema or, at the very least, an ill- suited means to promote a just result however, the deployment of a patently false statement as a necessary component of a legal rule is a widely practiced and accepted mode of legal analysis2 in rem forfeiture professor of law, james e. The fourteenth amendment: rights of foreign corporations metaphor in thought and language the conceptual metaphors: life is theatre and a tree is a person analysis of the two legal fictions: an attractive nuisance is an inviter and the corporation is a person why the law needs.

  • Kenneth campbell fuller on legal fictions abstract what are legal fictions professor lon fuller discus matter at some length one interpretation of his answer is this: they that are not intended to deceive this solution fails, in the end, to be ing but some remarks of fuller provide the clue to another way of.
  • I want to discuss legal fictions curiously, legal fictions are not discussed much by those who analyze law and literature or interpret law as literature yet the appropriate role for legal fictions is an issue that those of us who teach law bump into constantly there is a widespread, albeit somewhat vague idea that lon fuller.

This goes, however, to the analysis of cooper's fiction and its impact on his readers, the dominant white culture questioning the canon also has value as questioning the law-both seem inviolable, but both are incomplete 37 richard h weisberg, poethics, and other strategies oflaw. For many aspiring lawyers, almost the first thing learned in law school in relation to statutory law is that there are certain, hallowed canons of statutory interpretation, designed to cater for the fact that different people might well interpret the language of a particular act of parliament in different ways. Secondly, i want to try to stir up interest in drawing connections between the double perspective of legal fictions and a body of related concepts that historians of science, literary theorists and scholars of classical rhetoric have been exploring over the last several decades 6 analysis of legal fictions has.

an analysis of legal fictions Substituted judgment tions7 pound was the most expansive of all, including in his definition of legal fiction interpretation, equity, and natural law8 there was no agreed-upon definition there are several responses to definitional quicksand one is to refuse to build at all, but then nothing interesting goes into the air another. an analysis of legal fictions Substituted judgment tions7 pound was the most expansive of all, including in his definition of legal fiction interpretation, equity, and natural law8 there was no agreed-upon definition there are several responses to definitional quicksand one is to refuse to build at all, but then nothing interesting goes into the air another. an analysis of legal fictions Substituted judgment tions7 pound was the most expansive of all, including in his definition of legal fiction interpretation, equity, and natural law8 there was no agreed-upon definition there are several responses to definitional quicksand one is to refuse to build at all, but then nothing interesting goes into the air another.
An analysis of legal fictions
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